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STATE v. RITTER

22888

296 S.C. 51 (1988)

370 S.E.2d 610

The STATE, Respondent v. Christopher RITTER, Appellant.

Supreme Court of South Carolina.

Decided July 11, 1988.

Attorney(s) appearing for the Case

William I. Diggs, Chief Atty., and Daniel T. Stacey, Asst. Appellate Defender, Office of Appellate Defense, Columbia, for appellant.

T. Travis Medlock, Atty. Gen., Harold M. Coombs, Jr., Asst. Atty. Gen., Columbia, and Joseph P. Mizzell, Jr., Sol., Orangeburg, for respondent.

Heard June 6, 1988.

Decided July 11, 1988.

HARWELL, Justice:

Appellant was convicted of assaulting, beating, or wounding a law enforcement officer while resisting lawful arrest in violation of S.C. Ann. § 16-9-320 (b) (1985). He claims that § 16-9-320 (a), resisting lawful arrest, is a lesser included offense which should have been charged to the jury. We agree and reverse and remand for a new trial.

Two deputies answered a domestic...

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